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Jerry A Stimmel
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Jerry Stimmel’s Answers

241 total


  • Can my neighbor legally video tape me?

    I live in a privately owned apartment and I just noticed that my neighbors have multiple cameras pointed at out their windows at the walkway, staircase, and parking lot and I'm wondering if they have a right to be video taping everyone like that w...

    Jerry’s Answer

    Video recording (but not audio recording) is OK under the circumstances you describe.

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  • I have a warrant out of Kennewick, WA for fugive of justice from TX. I have already served this sentence in TX. How do I quash?

    I went to WA to take care of this but was told I would be taken into custody and wait out a hearing. I then mailed court papers to a judge with no response as I live in OH now, I could not wait for my arainment hearing.

    Jerry’s Answer

    You need a lawyer for this. It's unclear, at least to me, what you mean by having a warrant from Kennewick WA for being a fugitive from Texas. If there is a fugitive warrant from Texas, then you are a fugitive wherever you are, including Ohio and Washington. Even if this is all a misunderstanding, you'll need a lawyer to work through it.

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  • Can LL bill us for addtl. repairs after already returning deposit with statement?

    LL sent an itemized statement with the deposit refund 6 days after our lease ended and we vacated. It contained a couple estimated costs. I just received a bill for some of that back based on what they say actual costs ended up being plus a coup...

    Jerry’s Answer

    Landlord does not have to have all repairs figured out within 14 days, but merely cannot hold the security deposit longer without accounting for it. To pursue a claim against a former tenant for repairs, Landlord can take until the statute of limitations expires (usually 6 years, sometimes 3).

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  • My Sentencing is over I still have NCO on me I want to retrieve my Personal belongings How do I do this legally

    Please I just want my Personal Belongings back. She still has a NO Contact Order on me! How do I retrieve my Personal Belongings Back I need to know the Legal way to retrieve them myself

    Jerry’s Answer

    "Sentencing is over" signifies that you must have had a lawyer, and your lawyer is the best source for the answer to your inquiry. A court which issues a No Contact Order will usually adjust the order to allow retrieval of personal belongings by some means. That could involve having police chaperone the activity by a process sometimes known as a "civil standby" for a period of perhaps an hour.

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  • Is a landlord able to correct an eviction? Or, how can I get out of a joint lease?

    I want out of a lease with a bad roommate that my landlord has been aching to get rid of. The landlord wants to help, but is unable to remove me from the joint lease without my roommate's permission. My roommate is averse to crossing my name from ...

    Jerry’s Answer

    The landlord is correct that if your name is associated with an eviction in a public court record, your future tenant screenings and credit reports will be torpedoed. A landlord can give you a side letter which says you are wonderful and you can show it to future landlords, but the landlord cannot "correct" an eviction to erase you from the record or make you look better for internet data harvesters.

    Your inquiry is posted in Seattle, which makes me wonder how the landlord could have extremely good grounds under Seattle's Just-Cause ordinance to evict the roommate without also having the same grounds against you. I think the landlord could get rid of one roommate without getting rid of both, but not by the typical hurry-up eviction process known as unlawful detainer. It would have to be a conventional drawn-out lawsuit known as "ejectment" which can take many months, and in that lawsuit you could join the landlord as a plaintiff. I doubt that any landlord would put up with an ejectment lawsuit merely to do you a favor, unless the landlord happens to love his attorneys and wants to enrich them with litigation fees.

    Your inquiry does not disclose quite enough detail about the lease for a complete evaluation, but I think you'll have to be the one to terminate your tenancy at the first opportunity. That opportunity depends on whether your rental agreement is month-to-month or for a specified term with a definite ending date. You can return if the landlord is willing, after he gets rid of the roommate, but the burden and inconvenience will fall on you until that's done.

    I'm assuming your situation is not one of those rare cases where you could be the first tenant -- primary tenant -- and your roommate could be your subtenant. In that event you would be the roommate's landlord and could evict the roommate on your own. This is rare because most residential leases prohibit subleasing, and you probably have not fulfilled the statutory duties of a landlord anyway.

    Maybe a smarter lawyer who participates in Avvo answers will have a better idea, but I don't know of a practical way for a landlord to evict just one tenant in a joint lease.

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  • Is The Burien King County District Court Known as What Is Called "A Court Of Record"? If it is then would the Washington State C

    WA State Constitution Trump All Of Their Their Local Court Rules?

    Jerry’s Answer

    Yes, it's a court of record. In general, it's safe to say that the state constitution does not "trump all of their local court rules." But your question does not give any context and is too hard to follow as written, at least for me.

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  • Bought house at auction in WA. Currently have a squatter in the house. How many days does he legally get to stay in the house?

    My boyfriend and I bought a house at auction last week and we gave notice today to the owner who lost his house in the foreclosure process. We would like to know how many days he legally has to stay in the house and after that time period what cou...

    Jerry’s Answer

    State law gives him 20 days, after which you can start an eviction by a hurry-up process known as “unlawful detainer.” You say you gave notice today; I trust that your notice complied with RCW 61.24.060 (link follows this answer). For purposes of this answer, I will assume that the auction you referred to was pursuant to a nonjudicial foreclosure of a deed of trust, that the sale was handled properly, and that the foreclosed owner does not have any right of redemption or defenses against the eviction. If you must resort to eviction and you are a newcomer to the process, you should get a lawyer who is experienced in evictions. From start to finish, eviction takes about 4 weeks or more to get the court order and have the sheriff escort the occupant away. It is illegal for you to try any shortcuts to force the occupant out. If the foreclosed owner doesn’t move voluntarily on his own, you must have (1) a court order, and (2) a sheriff.

    Your inquiry is labeled as posted in Seattle. Maybe you already know this, but if you are trying to keep the property as a rental investment within Seattle city limits, get your rental documents in order, register the property under Seattle's Rental Registration and Inspection Ordinance (Seattle Municipal Code (SMC) section 22.214), and be thoroughly acquainted with Seattle’s building ordinances in SMC Title 22, especially the Just-Cause ordinance, SMC section 22.206C (link follows this answer).

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  • If I have a misdiomeaner prostitution warrant in Prescott Arizona and I live in Seattle Washington can they extradite?

    It was set for trial and I didn't go. Would that make it a felony? Can they extradite from Seattle if I was pulled over or something minor?

    Jerry’s Answer

    Arizona can extradite from Washington for a misdemeanor, but if your criminal record is otherwise clean, it probably won't happen. I assume that you are absolutely, positively, 100% certain that the Arizona police and prosecutors (and every other jurisdiction, for that matter) have nothing else pending or under investigation against you.

    If you are pulled over for a minor traffic infraction, the officer's in-car computer will show the warrant. The officer will have some discretion whether to do anything about it, and might just give you a ticket, tell you to take care of the warrant, and send you on your way. But if there are any complications to your minor traffic infraction (drugs, scruffy people in the car with you, rudeness, suspicious circumstances, no license), you could be taken in and held until Arizona elects whether to extradite or not. This can happen repeatedly.

    Failing to show up for trial doesn't turn a misdemeanor into a felony, but it is a new offense (bail jumping) which could be a felony in Arizona. You'll need an Arizona lawyer for a reliable answer to that problem. For budgetary reasons, states often don't bother to extradite, but you cannot count on it. If there are other charges pending which you don't know about yet, or If you are needed as a prosecution witness in a different or related matter, or if you have a more serious criminal record, or if you have immigration complications, or if you trip into the criminal justice system in this state, or if you apply for benefits, or if you file for a federal tax refund, or if you want to fly someplace, or if you want to visit Canada, or if you apply for a job requiring a background check or security clearance, or if you need a tenant screening report for an apartment, or if you want a student loan, the Arizona warrant could suddenly come to life.

    The warrant data sheet will typically say whether extradition is authorized (i.e., whether Arizona will pay for it) farther than specified geographic boundaries. If your case was set for trial, you must have had a lawyer. You should be talking to the lawyer about this, rather than posting on this public internet site. And if you did not have a lawyer, hire one now so that you can communicate in confidence. Why would you want to spend your life ducking this? Get in touch with your lawyer, face the music, and clean this up. It will take some time, but you will not really be free until it's done.

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  • My landlord had my car improperly towed away. Can I demand compensation for the loss of use of the vehicle for 3 days?

    I have an assigned and paid for parking space at my apartment complex. My landlord mistakenly gave my spot to a new tenant and then the tenant complained about my car being parked in the spot (I was unaware any of this was going on). My landlord t...

    Jerry’s Answer

    Try sitting through some small claims cases as a spectator. That will give you an idea of how to prepare, how to have enough copies of exhibits for the judge and the adverse party, how little time and patience the judge may give you, and how much more time you will lose in the process. The dollar damage to you for the loss of a vehicle for three days is the price of a rental car, if you win the case. At most, that could come to about $200, and even if you win, the judge does not write a check for you -- you have to collect it, which means ongoing tension with the landlord. If your landlord is willing to pay for the towing, I'd say forget about the rest of it.

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  • IS there a WA RCW that states landlords shall/must give 48 hour written notice to enter my apartment?

    I just want to know my protections as I have a rather onerous landlord who feels that they can enter the apt. with less than 24 hours verbal notice.

    Jerry’s Answer

    The landlord must give 48 hours notice in writing. If the purpose is to show the unit to prospective new tenants near the end of your tenancy, or to prospective purchasers of the property, the required notice is only 24 hours, but it still must be in writing. The source of this requirement is RCW 59.18.150, and a link follows this answer. Scroll down to subparagraph (6).

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